A review of 2020 EU merger control*
SUMMARYEuropean Court judgments<xref ref-type="bibr" rid="bib-001"><sup>1</sup></xref>

Without doubt, the General Court's (‘GC's’) judgment annulling the European Commission's (‘EC's’) 2016 prohibition of Hutchison's planned acquisition of Telefónica UK's O2 was the most important development in EU merger control in 2020.

In this judgment, the GC considered the application of the EU Merger Regulation (‘EUMR’) to transactions in oligopolistic markets, that do not create a dominant position, yet may raise concerns over non-coordinated/unilateral effects. The GC required that, when the EC's theory of harm is based on unilateral effects, its decision must show that the

Contributor Notes

With many thanks to John Ratliff for his comments and to Jessy Siemons and Katrin Guéna for their general help in the production of this article. The views expressed are personal and do not necessarily reflect those of Wilmer Cutler Pickering Hale and Dorr LLP.

WilmerHale, London and Brussels.

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